) 26 TP/61/2024 ) when consent of parties to dissolve is given . In this case as per Khulanama as stated above consent has been given ) by husband stating that “I hereby Mr. (Faiz) Noel Wilson ) soans hereby conf i rm that I have accepted the Khula of my ) wife MRS. FARZANA NOEL (FAIZ) SOANS and given ) Talaq-E-Bain in the presence of my full sense and ) Knowledge”. He further submits all rights of spouses are ) extinguished when Khula has been ef f ected. ) ) Ld. Advocate for petitioner submits that her husband ) also died on 19.08.2021 as issue-less. Hence, question of ) f i ling of consent of her husband does not arise. ) ) 7. Afdavit of Service of General Citation is fAfdavit of Service of General Citation is fdavit of Service of General Citation is f fi i led, ) stating that citation has been afxed on the Notice Boardxed on the Notice Board fi ) of the Hon’ble High Court, Bombay and notice board of ) the Collector’s ofce on ce on fi 7thth March, 2023. Notice to Notice to collector has been sent. ) ) 8. The petitioner has fThe petitioner has f i led the Afdavit and Afdavit and fdavit and davit and fi Additionaldditional ) Afdavit of fdavit of davit of fi Shabana Abdul Sattar Khan dated 14 th ) th September, 2023 and 18 July, 2024, one of Attesting, one of Attesting ) Witness to the Will, in the Form No.102 of the Bombaythe Form No.102 of the Bombayorm No.102 of the Bombay ) High Court (Original Side) Rules, 1 980. Attesting witness80. Attesting witness ) deposed that she was present and testatrix signed on theshe was present and testatrix signed on thewas present and testatrix signed on the ) Testament papers in presence of her and another witness.papers in presence of her and another witness.in presence of her and another witness.her and another witness.and another witness. ) According to her, all additions and alteration, in a Will,her, all additions and alteration, in a Will,, all additions and alteration, in a Will, ) were existed at the time of execution and before signing ) the Will. Hence, there is sufcient compliance of the Rulecient compliance of the Rule fi ) 383 of the Bombay High Court (Original Side) Rules,Bombay High Court (Original Side) Rules,Rules, ) 1980. Attesting witness further deposed that at the time. Attesting witness further deposed that at the time ) of execution of the Will, testatrix was of sound andWill, testatrix was of sound andill, testatrix was of sound and ) disposing mind, memory and understanding. Hence, ) enough evidence is on record to accept the execution of ) the Will and petitioner is succeeded to prove the execution ) of Will. ) ) 9. Properties mentioned in the schedule of the petition are referred in the Will The Ld. Advocate submits that as ) ) mentioned in para no. 6 of the petition which reads as under : ) ) “That the petitioner has truly set forth in Schedule ) No. I hereto annexed and marked as Exhibit …...4
